Transcription

1 COMMENTARY Social Science, Equal Justice, and Public Health Policy: Lessons from Los Angeles ROBERT GARCÍA 1 and CHAD FENWICK 2 1 The City Project, Los Angeles, CA, USA 2 Los Angeles Unified School District, Los Angeles, CA, USA Correspondence: Robert García, The City Project, 1055 Wilshire Boulevard, Suite 1660, Los Angeles, CA 90017, USA. Journal of Public Health Policy (2009) 30, S26 S32. doi: /jphp OVERVIEW This paper presents a case study on using research and law to change public health policy. The City Project (a legal and policy advocacy organization), working with teachers and school officials, is using social science and legal research to promote changes in public policy that hopefully will result in better and more equitably delivered physical education in public schools in Los Angeles, California. The major goals are, first, to help students learn the skills and knowledge to move more, eat well, stay healthy, and do their best in school and in life; second, to alleviate unfair disparities based on race, ethnicity, and income; and third, to engage, educate, and empower people to improve public education and health. This case study shows that academics can work with lawyers and other practitioners, including teachers and organizers, to maximize the impact of their research. The strategic, organized course of action has four major elements. First, the teachers union United Teachers of Los Angeles organized a public campaign to support physical education. Second, attorneys filed an administrative complaint on behalf of parents, youth groups, and health advocates under civil rights and education laws to require the school district to enforce physical education requirements. Third, in response to the campaign and complaint, the Board of Education of the Los Angeles Unified School District unanimously adopted a resolution to enforce physical education laws. Fourth, the teachers, attorneys, and school officials are now Journal of Public Health Policy 2009, 30, S26 S32 r 2009 Palgrave Macmillan /09

2 GARCÍA AND FENWICK. COMMENTARY S27 working on an implementation plan to enforce the physical education laws and resolution, and resolve the complaint. The goal has been to persuade the school district to provide quality physical education without litigation, but to resort to litigation if necessary. School officials have agreed to work with the teachers union and The City Project, and litigation has not been necessary to date. The message from The City Project and teachers union to the school officials is simple: Do you want to get married? And, by the way, we have a gun. The campaign, complaint, resolution, and implementation plan draw heavily on research published by the California Endowment (a philanthropy committed to improving equity in health in California) (1). Persuading other school districts to enforce physical education requirements is the next challenge. Thirty-seven school districts throughout California did not enforce physical education requirements in For example, the Los Angeles school district does not enforce state law requiring an average of 20 min per day of physical education in elementary school (2). The Los Angeles Unified School District is the second largest school district in the United States. What Los Angeles does is a crucible for change elsewhere. SOCIAL SCIENCE RESEARCH Health, Physical Education, and Low-Income Students of Color Between 1999 and 2006, obesity among students in the Los Angeles Unified School District increased from 20.2% to 26.1%, according to the county health department. The percentage of obese students continues to be persistently higher than at other schools in the county (3). In the school district, 91% of students are children of color (4) and 74% are low-income (enrolled in free or reduced-cost meals) (5). Over 87% of children in the school district were not physically fit under state physical education standards in 2004 (6). The five largest physical education class sizes averaged 93 students in middle schools and 87.5 students in high schools in Los Angeles (7). A task force recently recommended a maximum student:teacher ratio of 55:1 for physical education classes.

3 S28 JOURNAL OF PUBLIC HEALTH POLICY. VOL. 30, NO. S1 There are physical education teacher vacancies, and teachers are assigned to teach classes for which they lack competency, contrary to state law (8). Disparities Based on Race, Ethnicity, and Income Evidence-based research published by the California Endowment (7) documents the importance of physical education for student health, development, and academic performance, as well as disparities based on income, race, and ethnicity. This research supports the campaign, complaint, resolution, and implementation plan in Los Angeles. According to the Endowment (7), for example: Physical education is deficient in grades K-12 in California schools, and the problems are most severe at the elementary level. Physical education is particularly deficient for less affluent students and racial and ethnic groups at high risk for overweight and obesity. Personnel and material resources are inadequate to support quality physical education in many schools, particularly in less affluent communities. Improving physical education programs is likely to improve the health and academic performance of students. Research-based, activity-focused physical education programs for schools at all levels have been shown to improve physical activity and provide other benefits, such as improved concentration and decreased disruptive behavior. Places for Physical Activity Facilities such as playing fields and gyms are essential for quality physical education. Larger school play areas are associated with increased physical activity in middle school students. Elementary school teachers identify inadequate facilities and equipment among the top three barriers to meeting physical education guidelines (7). The Los Angeles County Department of Public Health has analyzed childhood obesity for 128 cities and communities in the county. Cities with less open area set aside as parks, recreational

4 GARCÍA AND FENWICK. COMMENTARY S29 areas, school fields, or wilderness areas are more likely to have a higher prevalence of childhood obesity. The prevalence of childhood obesity varied significantly among cities and communities, ranging from 4% to 37%, and was found to be strongly associated with economic hardship (9). Children of color living in poverty with no access to a car have the worst access to schools with five acres or more of playing fields and parks, and the highest levels of child obesity in Los Angeles. The Los Angeles Unified School District provided 71% more play acres for non-hispanic White students than for Latino students in elementary schools as of 2004 (10). Of the District s 605 schools, only 103 have five acres or more of playing fields. There were only 30 joint use agreements between the school district and the city parks department out of 600 schools as of These facts are illustrated in GIS maps and demographic analyses for Los Angeles published by The City Project (11). EQUAL PROTECTION LAWS Studies on health disparities based on race, ethnicity, and income are relevant for compliance with civil rights and physical education laws. For example, federal law Title VI of the Civil Rights of 1964 and its regulations prohibits both (1) unjustified discriminatory impacts for which there are less discriminatory alternatives, and (2) intentional discrimination based on race, color, or national origin, by recipients of federal financial assistance including school districts (12,13). Discriminatory intent is not required under the discriminatory impact standard. States including California have similar laws (14,15). School districts that violate these laws face the loss of federal and state funds and litigation. For example, a ruling in 1984 determined that IQ tests not validated for the purpose used had a discriminatory impact on Black students placed in classes for the educable mentally retarded and were not justified by educational necessity, in violation of Title VI disparate impact regulations (16). There is evidence of both discriminatory impacts and intentional discrimination in the failure to provide quality physical education. Children of color are disproportionately affected by the failure to

5 S30 JOURNAL OF PUBLIC HEALTH POLICY. VOL. 30, NO. S1 provide physical education, and disproportionately suffer from obesity. School districts simply fail to enforce physical education laws. School officials know the impact that the failure to provide physical education has on students of color. Advocates, including the teachers union and The City Project, for years have provided the board of education and superintendent with the studies on physical education, health, and disparities published by the California Endowment and others. CONCLUSION Failure to enforce physical education laws is a common practice by school districts in California and across the nation. Evidence-based research documents racial, ethnic and income disparities in physical education and health. Civil rights laws can be combined with that evidence to require school districts to enforce physical education requirements to improve the health and quality of life for students. The experience in Los Angeles illustrates how research and law are used to improve physical education through the process of campaign, complaint, resolution, and implementation plan now being carried out. This case study provides lessons for others. Social scientists and attorneys need to collaborate to connect the dots between physical education, human health, racial and ethnic disparities, and civil rights and education laws. Foundations should fund analyses of evidence by legal practitioners, including social science research and disparities in physical education and health based on race, ethnicity, and income. Abstract policy reports and tool kits are not enough. Foundations should fund not only policy and legal advocacy outside the courts, but also litigation in the courts. Access to justice through the courts can be a profoundly democratic means of engaging, educating, and empowering people of color and low-income people to achieve concrete improvements in their lives. Different alternatives may be available elsewhere, but a strategic campaign including coalition building, multidisciplinary research, media, policy and legal advocacy outside the courts, and litigation is likely to be a replicable model in other states or countries. Acknowledgements: This work is made possible, in part, by the generous support of the California Endowment and the Rosalinde and Arthur Gilbert Foundation.

6 GARCÍA AND FENWICK. COMMENTARY S31 ABOUT THE AUTHORS Robert García, J.D., is Executive Director and Counsel at The City Project, 1055 Wilshire Boulevard, Suite 1660, Los Angeles, CA, 90017, USA. Chad Fenwick is the Physical Education Advisor at the Los Angeles Unified School District, 333 South Beaudry Avenue, 25th Floor, Room 153-7, Los Angeles CA, 90017, USA. lausd.net. REFERENCES 1. The California Endowment. Available at accessed 1 November California Center for Public Health Advocacy. Dropping the ball y California schools fail to meet physical education mandates. 8 June Available at eball.html, accessed 1 November Gracía R, White A. Healthy Parks, Schools, and Communities: Green access and equity of California. The City Project Policy Report, 2007; p.4 and map 1. Available at accessed 15 December Los Angeles County Department of Public Health. Obesity among school children in Los Angeles County, Available at accessed 31 October The City Project and GreenInfo Network. Analyses of data from Data Quest. Race and ethnicity data analyzed for Available at PctAsian=on&PctFil=on&PctHisp=on&PctPac=on&PctWhite=on&Pct Mult=on&cSelect= LOS+ANGELES+UNIFIED&cChoice= DstProf1&cYear= &cLevel=District&cTopic=Profile&myTime Frame=S&submit1=Submit, accessed 1 November The City Project and GreenInfo Network. Analyses of data from Data Quest. Free or reduced meal data analyzed for Available at LOS+ANGELES+UNIFIED&cChoice=DstProf1&cYear= &cLevel=District&cTopic=Profile&myTimeFrame=S&submit1= Submit, accessed 1 November García R, White A. Healthy Parks, Schools, and Communities: Mapping Green Access and Equity for the Los Angeles Region.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CAPITAL COMMUNITY COLLEGE STUDENT SENATE, CAPITAL COMMUNITY COLLEGE BLACK STUDENT UNION, CAPITAL COMMUNITY COLLEGE LATIN AMERICAN STUDENT ASSOCIATION,

STUDENTS CORONA-NORCO UNIFIED SCHOOL DISTRICT 5475 STUDENT RECORDS/RIGHTS RESOLUTION OF STUDENT GRIEVANCES PROHIBITION OF SEXUAL HARASSMENT The Governing Board is committed to maintaining an educational

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT ATTENTION: All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of Los Angeles and the jurisdiction

A Guide to Selecting an Attorney if Your Child Has Been Sexually Violated Keep Kids Safe suggests that victims and their families begin seeking legal representation during the criminal process. This allows

Violations of Human Rights Obligations under the International Covenant on Civil and Political Rights through the New York Police Department s Stop and Frisk Practices Suggested List of Issues to Country

New York State Profile Jennifer Guinn EDUC 547 FALL 2008 According to 2006 U.S. Census estimates, with a total population of over 19 million people, 20 percent of New York State s population were foreign-born

LEGAL SERVICES COUNTY OF SANTA CLARA Law Offices of the Public Defender 120 West Mission Street San Jose, CA 95110 (408) 299-7700 Expungement Program (call for appointment) The expungement program allows

STUDENTS SUSPENSION AND EXPULSION/DUE PROCESS The Governing Board desires to provide district students access to educational opportunities in an orderly school environment that protects their safety and

Opportunities Suspended: The Disparate Impact of Disciplinary Exclusion from School By Daniel J. Losen 1 and Jonathan Gillespie 2 EXECUTIVE SUMMARY Does anybody know how many students were suspended from

Parents In Action! A guide to engaging parents in local school wellness policy California Project LEAN California Project LEAN (Leaders Encouraging Activity and Nutrition) (CPL), a joint program of the

SAMPLE RESOLUTION Early Childhood Education Draft Board Resolution How To Use This Resolution California s new school funding law, (the Local Control Funding Formula or LCFF) provides an opportunity for

Great Public Schools for Every Student An NEA Policy Brief Wraparound Services Teachers and support professionals know that students need to come to school ready and able to learn. Students who have good

STUDENT OPPORTUNITIES SUMMER 2014 LEGAL INTERNSHIP OPPORTUNITY NOTICE TO LAW STUDENTS American Civil Liberties Union Foundation Reproductive Freedom Project, NY the country s largest team of public interest

5051.01 English SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES Chapter 11 Information on Preschool Education Services From a 13-Chapter Manual Available by Chapter and in Manual Form Written by: Community

Assessing and Forecasting Population Health Jeroen van Meijgaard UCLA School of Public Health March 17, 2010 HEALTH FORECASTING AT UCLA Health Forecasting is a sister project of Health Impact Assessment,

5053.01 English November 2005 SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES Chapter 13 Information on the Rights of Students with Serious Health Conditions to Appropriate Educational Services From a 13-Chapter

Board Policy SANGER UNIFIED SCHOOL DISTRICT BP 5144.1(a) Students SUSPENSION AND EXPULSION/DUE PROCESS The Governing Board desires to provide district students access to educational opportunities in an

Candidate Name (as it appears on the ballot): Jerome E. Horton Office Seeking: California State Board of Equalization 3 rd District (BOE) District (Senate and Assembly): Not Applicable Hometown: Los Angeles

Principles in Collision: Labor Union rights v. Employee civil Rights Barry Winograd Arbitrator and mediator in Oakland, California Member of the National Academy of Arbitrators Adjunct faculty of the law

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Civil Action No. ) ERIE INSURANCE COMPANY ) OF NEW YORK; ERIE INSURANCE ) COMPANY;

BP 5144.1(a) SUSPENSION AND EXPULSION/DUE PROCESS The Governing Board has established policies and standards of behavior in order to promote learning and protect the safety and well-being of all students.

Santa Barbara Unified School District Board Policy Students BP 5144.1 SUSPENSION AND EXPULSION/DUE PROCESS The Governing Board desires to provide district students access to educational opportunities in

Name of Organization Organization s Mailing Address Note: if you have multiple offices for which you are requesting Fellows, please include all addresses. Organization s Website Fellowship Contact Person

CLINICAL INTERNSHIP OPPORTUNITIES for Marriage and Family Therapist Trainees/Interns and Master in Social Work Interns Valley Trauma Center s 60 hour Certified training as an In Home Outreach Counselor,

Mark W Olson: Home Mortgage Disclosure Act Testimony by Mr Mark W Olson, Member of the Board of Governors of the US Federal Reserve System, before the Subcommittee on Financial Institutions and Consumer

Riverside County Special Education Local Plan Area Assessing African-Americans for Special Education Table of Contents Summary of Larry P. Litigation... 1 How to Purge Information from A Pupil Record...

Students BP 5141.4 (a) CHILD ABUSE PREVENTION AND REPORTING Child Abuse Prevention The Governing Board recognizes the district's responsibility to educate students about the dangers of child abuse so that

OCCORD Policy Brief: Earnings, Poverty and Income in Orange County Analysis of Regional Data from the US Census Bureau 2007 American Community Survey August 26, 2008 I. Summary Summary of Census Data Indicator

It s time to shift gears on criminal justice VOTER TOOLKIT 2014 Who are the most powerful elected officials most voters have never voted for? ANSWER: Your District Attorney & Sheriff THE POWER OF THE DISTRICT

Returning Peer Counseling Application Applications due: Friday April 29 th, 2016 *Return to the box in the Bronco Center* Name: Phone: Current Grade Level: Are you available for the summer retreat? (Aug

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA If You Paid Overdraft Fees to Bank of America, You may be Eligible for a Payment from a Class Action Settlement. A federal court authorized

Name of Organization Organization s Mailing Address Note: if you have multiple offices for which you are requesting Fellows, please include all addresses. Organization s Website Fellowship Contact Person

E4 Office of the President TO MEMBERS OF THE COMMITTEE ON EDUCATIONAL POLICY: ACTION ITEM For Meeting of July 16, 2009 POWERPOINT PRESENTATION CONFERRING OF HONORARY DEGREES SUSPENSION OF BYLAW 29.1 EXECUTIVE

HEALTHY PARKS, SCHOOLS AND COMMUNITIES: Green Access and Equity for Orange County ABOUT THIS REPORT This policy report is a summary for Orange County of The City Project s 2011 report, Healthy Parks, Schools,

VOLUNTARY RESOLUTION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE RHODE ISLAND JUDICIARY DEPARTMENT OF JUSTICE NUMBER 171-66-2 A. BACKGROUND 1. The United States Department of Justice (DOJ) initiated

Pregnant? A Teen Parent? Protect Your Future Stay In School! 2013 Are You A Pregnant Or Parenting Teen? Stay In School...Help Is Available! As a pregnant or parenting teenage student, you have the same

Safe Schools/Healthy Students (SS/HS) Washington Complex Award 2.21 million per year for four years The SS/HS Initiative A unique collaboration among the U.S. Departments of Education, Health and Human

Practitioner Brief Series Legal Rights: The Overrepresentation of Culturally and Linguistically Diverse Students in Special Education Kevin Welner, University of Colorado, Boulder NCCRESt Staff The mission

, Ga. District Profile*: Rank among U.S. school districts (by size): 14 Number of schools: 123 Number of students: 159,298 Number of teachers: 11,000 Per pupil expenditures**: $8,859 Superintendent: J.

1 of 5 7/6/2007 11:19 AM IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. LONG BEACH MORTGAGE COMPANY, Defendant. COMPLAINT FOR COMPENSATORY

WELCOME HOME: IMPROVING HOUSING SECURITY FOR LGBT OLDER ADULTS POLICY BRIEF sageusa.org/lgbthousing ACKNOWLEDGEMENTS SAGE would like to thank Squire Patton Boggs, LLP for their research and guidance on

Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA Preparing a Federal Case If you are reading this, you are probably proceeding on your own in court without the help of an attorney. This is often called

DREAM HUGE BUILDING A FINANCIALLY EMPOWERED SAN FRANCISCO www.sfofe.org Dear Partners, Supporters, Colleagues and Friends, We launched our groundbreaking Kindergarten to College program with the campaign

A Summary of Arizona s Education Laws Designed to Promote School Choice Tom Pickrell, General Counsel Mesa Public Schools I. Arizona s Open Enrollment Law (A.R.S. 15-816) A. School districts must adopt

1 PSYCHOLOGICAL CONTRIBUTIONS TO THE ERADICATION OF POVERTY The Psychology Coalition at the United Nations, New York Submitted on the occasion of the United Nations International Day for the Eradication

From 2011 2015, California Endowment s Building Healthy Communities (BHC) Initiative funded the Trauma-Informed Community Schools (TICS) project in the Cherokee Point neighborhood of City Heights in San

Board Policy SANGER UNIFIED SCHOOL DISTRICT BP 5131.2(a) Students BULLYING The Governing Board recognizes the harmful effects of bullying on student learning and school attendance and desires to provide

RIGHTS OF MASSACHUSETTS YOUTH REGARDING SPECIAL EDUCATION DISPUTES Prepared by the Mental Health Legal Advisors Committee June 2012 How can parents and schools resolve disputes regarding anything other